SEC. 25-32-61.  Appointment of counsel for indigent person.

(1) If the accused does not already have an attorney, one shall be appointed no later than the time of initial appearance, and, once appointed, counsel shall continue to represent the accused on all matters arising out of the transaction or occurrence, or series of transactions or occurrences, as may
have given rise to the original charge or charges, until permitted to withdraw by proper order of the court.

(2) In all cases in which the person who is the subject of felony proceedings gives the statement provided by Section 25-32-59(2), and is eligible for the appointment of counsel and so requests, the court by order shall appoint the commission to represent such person. Any such order for appointment shall also be deemed the appointment of the district defender of the district in which the person is being prosecuted. The clerk of the court entering such an order for appointment shall cause
copies of same to be delivered forthwith to the commission and the office of the district defender, and shall at once communicate the contents of the order to such other person or attorney in the county where the case is docketed as the district defender may have designated to receive such orders, all to the end that the person or attorney so designated shall learn of the order as soon as possible after it has been entered.

(3) At the earliest practicable moment, the court, the commission, and the district defender shall inquire whether there may be a possible conflict of interest and take such action as may be required by Sections 25-32-31 through 25-32-65 or may be otherwise appropriate.

SOURCES: Laws, 1998, ch. 575, § 16, SB 2239, eff from and after July 1, 1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified.

NOTE: Laws, 1998, ch. 575, § 21, provides:

SECTION 21. (1) All new programs authorized under this Senate Bill No. 2239 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1998 Regular Session or any subsequent session. This act shall be codified but no amendment to a code section or repeal of a code section enacted by this Senate Bill No. 2239 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.

(2) Notwithstanding any other provision of this act, the only actions authorized under this act to be funded shall be the hiring of the executive director, the hiring of a secretary for the executive director, expenses necessary for the operation of the commission and the executive director's office and expenses incidental thereto, and providing per diem for the members of the commission unless other legal funding as authorized under this act other than by appropriation of the Legislature is available. The commission shall assess the feasibility and cost of the implementation of this act and report its findings to the Legislature not later than January 1, 1999. This subsection (2) shall stand repealed on July 1, 1999.